ALBERT ALIAS ATHIMOOLAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Criminal Revision Case is directed against the judgment dated 01.09.2005 made in Crl.Appeal No.74 of 2005 dated 01.09.2005 on the file of Addl. Sessions Judge, Fast Track Court II, Kancheepuram confirming the conviction recorded by the learned District Munsif cum Judicial Magistrate in C.C.No.3 of 2001 by his judgment dated 11.04.2005 and the sentence of punishment imposed thereon for an offence punishable under Section 324 IPC.

(2.) THE sole accused in C.C.No.3 of 2001 who stood charged and tried for an offence punishable under Section 326 IPC, but found guilty of an offence punishable under Section 324 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/- for the said offence with a default sentence to undergo 2 months rigorous imprisonment in case of default in payment of the fine, by the learned District Munsif-cum-Judicial Magistrate, Uthiramerur by his judgment dated 11.04.2005, had challenged the said conviction and sentence imposed on him before the lower appellate court (Addl. Sessions Judge, Fast Track Court II, Kancheepuram) in Crl.Appeal No.74 of 2005. THE learned Additional Sessions Judge, Fast Track Court II, Kancheepuram, by his judgment dated 01.09.2005, confirmed the conviction recorded and the sentence imposed by the trial court. Challenging the correctness and legality of the same, the petitioner has preferred the present Criminal Revision Case.

(3.) AS against the conviction recorded and the sentence imposed by the trial court, the petitioner herein/accused preferred an appeal on the file of the Principal Sessions Judge at Chengalpattu in C.A.No.74/2005. The said appeal was made over by the learned Principal Sessions Judge, Chengalpattu to the Fast Track Court II, Kancheepuram for disposal according to law. The learned Additional Sessions Judge, Fast Track Court II, Kancheepuram after hearing, dismissed the said appeal by his judgment dated 01.09.2005 confirming the conviction recorded and sentence imposed by the trial court. Questioning the correctness and legality of the said judgment of the lower appellate court, the petitioner herein/accused has filed the present Criminal Revision Case under Sections 397 read with Section 401 of Code of Criminal Procedure, 1973.